Hca Final

HOST COMMUNITY BENEFIT AND CONVEYANCE PIPE UPGRADE AGREEMENT THIS HOST COMMUNITY BENEFIT AND CONVEYANCE PIPE UPGRADE AGREEMENT (herein, this “Agreement”), dated as of the __ day of July, 2024, by and between the TOWN OF WEBSTER, a political subdivision of the State of New York (the “State”), with offices at 1000 Ridge Road, Webster, New York 14580 (the “Town”) and FAIRLIFE LLC, a limited liability company formed and existing under the laws of the State of Delaware, with offices at 1001 W. Adams Street, Chicago, Illinois 60607 (the “Company”). The Town and Company are each a “Party” and collectively are the “Parties” to this Agreement. W I T N E S S E T H: WHEREAS, the Company’s project in the Town of Webster (the “Project”) consists of: (A) the acquisition of title to an aggregate approximately 110.4.1-acre parcel of land located on Tebor Road and Basket Road in the Town of Webster, New York 14580 (the “Site”), being more particularly described as Tax ID#: 066.03-1-28.001, a combined parcel comprised of: a former 13.19 acres parcel of real property with a TMID No. 066.03-1-28.111, a former 55.85 acres parcel of real property with a TMID No. 066.03-1-28.113, a former 23.14 acres parcel of real property with a TMID No. 066.03-1-18.11, a former parcel of real property with a TMID No. 066.03-01-20.1, which was then 12.85 acres but subdivided into two separate legal lots of 4.99 acres and 7.86 acre, with the new 7.86 acres lot being combined into the Site, and a former parcel of real property with a TMID No. 066.03-1-27.214, which was then 15.68 acres but subdivided into two separate legal lots of 5.33 acres and 10.36 acres, with the new 10.36 acres lot being combined into the Site), (B) the planning, design, construction and operation on the Site by the Company of an approximately 785,000 square-foot milk product processing, bottling, packaging and warehousing facility, along with exterior improvements upon, within and adjacent to the Site to include wastewater pre-treatment facilities, stormwater retention improvements, parking improvements, landscaping, driveway improvements, and utility improvements located both onsite and offsite to support the Company’s operations (collectively, the “Improvements”); and (C) the acquisition and installation in and around the Site and Improvements and within the Town of certain machinery, equipment and other items of tangible personal property (the “Equipment”, and together with the Site and Improvements, the “Facility”); and WHEREAS, the Town Sewer Department has provided a “Will Serve” letter dated June 26, 2023 (the “Town Will Serve Letter”), a copy of which, as revised herein, is attached hereto at Exhibit A, which letter states that the Town’s wastewater treatment plant located at 226 Phillips Road in the Town (the “Treatment Plant”) has sufficient capacity to receive and treat (herein the “Minimum Treatment Capacity”) the Facility’s pre-treated wastewater based on the stated maximum daily flow of 2.0 million gallons per day (“MGPD”), including a peak flow of two thousand eighty three (2,083) gallons per minute (“GPM”), as calculated using a peaking factor of one and one half (1.5) (the “Wastewater”); and

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WHEREAS, the Town, acting by and through the Town Board, previously reviewed the Project pursuant to the State Environmental Quality Review Act, as codified under Article 8 of the Environmental Conservation Law and regulations adopted pursuant thereto by the State Department of Environmental Conservation (collectively, “SEQRA”) and the related Full Environmental Assessment Form, including supplemental materials (“EAF”), as “Lead Agency” and for a “Type I Action” (as such quoted terms are defined under SEQRA) and on September 7, 2023 adopted a “Negative Declaration” (as such quoted terms is defined under SEQRA) with respect to the Project for purposes of SEQRA (collectively, the “Town SEQRA Findings and Decision for the Project”; and WHEREAS, the Company has requested that the Town, acting by and through the Town of Webster Consolidated Sewer District (the “District”), consider undertaking a certain wastewater conveyance pipe upgrade project (the “Conveyance Project”) for the benefit of the Company and future needs of the District, such Conveyance Project to consist of the following: (A) the planning, design, engineering, finance and construction of extensions and upgrades (the “Existing Line Improvements”) to the majority of the existing wastewater conveyance lines from the Treatment Plant serving the Site (the “Conveyance Line”), as more particularly shown on Exhibit B attached hereto; (B) which Existing Line Improvements will increase capacity of 50 of the existing 57 segments of the Conveyance Line, exclusive of the segment(s) of the Conveyance Line that run beneath Phillips Road to the Treatment Plant, and the associated manholes in order to facilitate the unimpeded flow of the Wastewater from the Facility to the Treatment Plant (the “Upgrades” and together with the Existing Line Improvements, the “Conveyance Improvements”); and (C) the issuance of taxable bond anticipation notes and taxable bonds of the Town (the “Bonds”) in one or more issues or series in an aggregate principal amount sufficient to finance the (1) costs of the construction and installation of the Conveyance Improvements and (2) costs incidental to the issuance of the Bonds; and WHEREAS, the total anticipated cost of the construction and installation of the Conveyance Improvements and costs incidental to the issuance of the Bonds is $6,320,000 (the “Improvement Costs”), and the Town intends to finance $6,280,000 of the Improvement Costs through the issuance of Bonds; and WHEREAS, the Town SEQRA Findings and Decision for the Project included the Conveyance Improvements; and WHEREAS, as part of the Improvements Costs, the Town engaged Costich Engineering, Land Surveying & Landscape Architecture, DPC (the “Engineer”) for the preparation of that certain Engineer’s Report for “Town of Webster Sewer Improvements Phillips Road to Tebor Road”, dated January, 2024 (the “Report”), a copy of such Report attached hereto as Exhibit C, which Report analyzed the existing flows, and modeled the future flows, of wastewater through the Conveyance Line, including the Wastewater from the Facility and recommended specifications for the Conveyance Improvements; and WHEREAS, the Town, acting by and through the Town Board, after the holding of a public hearing, determined in accordance with Section 202-b of the Town Law, that it is in the public interest to undertake the Conveyance Project, and authorized the financing necessary to

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undertake the Conveyance Project in accordance with the Local Finance Law of the State of New York (“LFL”), by the adoption of a Bond Resolution on February 22, 2024 authorizing the issuance of the Bonds up to a maximum principal amount of $7,100,000 to undertake the Conveyance Project (the “Bond Resolution”); and WHEREAS, the Town, acting by and through the Town Board, (i) solicited bids in accordance with Section 103 of the general Municipal Law (“GML”) for the construction and installation of the Conveyance Improvements as described in the Report and (ii) selected Morsch Pipeline, Inc. (the “Contractor”) as the successful bidder for the construction and installation of the Conveyance Improvements, a copy of such bid attached hereto as Exhibit D (collectively, the foregoing are referred to as the “Town Conveyance Project Approvals”); and WHEREAS, the parties hereto acknowledge and agree that: (i) the Conveyance Project is necessary for the Company to undertake the development and operation of the Project and Facility within the Town; (ii) a significant inducement for the Company to undertake the Project was the responsiveness of the Town in addressing applications associated with the Project and willingness to continue provide municipal services to the Facility, including providing the Town Conveyance Project Approvals, (iii) the Town’s willingness to undertake the Conveyance Project was induced and conditioned upon the Company’s execution of this Agreement and the Company’s commitment to undertake all payment obligations contained herein with respect to the Bonds, (iv) the construction and operation of the Project within the Town will have ongoing and tangible impacts requiring enhanced municipal services to be provided by the Town to its residents and businesses, including the Company, and (v) that the Town’s commitment to undertake the issuance of the Bonds and cause the construction and operation of the Conveyance Improvements are conditioned upon the Company’s timely payment of those certain annual Reimbursement Payments (as defined herein); and WHEREAS, the parties hereto desire to enter into this Agreement to memorialize the terms and conditions for (i) the Town’s undertaking of the Conveyance Project, including the operation, repair and maintenance of the Conveyance Line after implementation of the Conveyance Improvements, (ii) the Town’s acknowledgement of the Minimum Treatment Capacity existing which allows the Treatment Plant to accept the Company’s Wastewater, and (iii) the payment of the Reimbursement Payments by the Company to the Town. NOW, THEREFORE, in consideration of the covenants herein contained, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed as follows: Article I – Representations and Covenants Section 1.1.

Representations and Covenants of the Town.

The Town makes the following representations and covenants, as the basis for the undertakings on its part herein contained, that:

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(a) The Town is a municipal corporation and political subdivision of the State and has the power to enter into the transaction contemplated by this Agreement and to carry out its obligations hereunder. (b)

The Town has been duly authorized to execute and deliver this Agreement,

(c) The Town Will Serve Letter, Town SEQRA Findings and Decision for the Project, Bond Resolution, and Town Conveyance Project Approvals all remain in full force and effect as of the date hereof. (d) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the provisions of this Agreement, will conflict with or result in a breach of any of the terms, conditions or provisions of any agreement or instrument to which the Town is a party or by which it is bound, or will constitute default under any of the foregoing. (e) The Town has agreed to enter into this Agreement and undertake the Conveyance Project by the undertaking of the Company to acquire, construct, equip, repair and maintain the Project and to, thereby, create jobs in the Town, and specifically, by the undertaking of the Company herein to timely pay the Reimbursement Payments to the Town. Section 1.2.

Representations and Covenants of the Company.

The Company makes the following representations and covenants, as the basis for the undertakings on its part herein contained, that: (a) The Company is a limited liability company formed, existing and in good standing under the laws of the State of Delaware, is authorized to do work in the State of New York, has the authority to enter into this Agreement and has duly authorized the execution and delivery of this Agreement. (b) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the provisions of this Agreement, will conflict with or result in a breach of any of the terms, conditions or provisions of any restriction or any agreement or instrument to which the Company is a party or by which it is bound, or will constitute a default under any of the foregoing, or result in the creation or imposition of any lien of any nature upon any of the property of the Company under the terms of any such instrument or agreement. (c) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body pending or, to the knowledge of the Company, threatened against or affecting the Company, to which the Company is a party, and in which an adverse result would materially diminish or adversely impact on the Company's ability to fulfill its obligations under this Agreement.

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in accordance with applicable laws, including the selection of purchasers, terms, conditions, and placement with either private or public purchasers of public debt. Article III – Payment of Reimbursement Payments by the Company. Section 3.1. (a) As material terms and conditions of this Agreement, and as an inducement for the Town to undertake the Conveyance Improvements and issue the Bonds, the Company hereby pledges and agrees to make annual reimbursement payments to the Town equal to no less than Ninety-Six Percent (96%) of the annual debt service payments payable by the Town for the Bonds to finance $6,280,000 of the Improvement Costs (the “Reimbursement Payments”). Such Reimbursement Payments shall be payable no later than thirty (30) days prior to the Town’s semiannual debt service payment date for the Bonds (each a “Bond Payment Date”). The Town shall, once determined, promptly notify the Company of the Reimbursement Payment amount and the Bond Payment Date. For illustrative purposes only, a schedule for the Reimbursements Payments is attached hereto at Exhibit E (the “Schedule”). The Schedule includes two different hypothetical amortizations of the Bonds. The Schedule is subject to change based: (1) unanticipated change orders and/or need to increase the total amount of the anticipated cost of the construction and installation of the Conveyance Improvements plus costs incidental to the issuance of the Bonds; and (2) interest rates at the time the Bonds are issued. The Schedule is not a guaranty of any Reimbursement Payments to be made. (b) The Company agrees to make the Reimbursement Payments, without any further notice, in lawful money of the United States of America as, on or before a Bond Payment Date, and shall be payable in the form of legal tender for the payment of public or private debts. In the event the Company shall fail to timely pay any Reimbursement Payment on or before the 30 th day prior to a Bond Payment Date (a “Reimbursement Payment Date”), the Company shall pay the same together with interest from the date said Reimbursement Payment is due at the rate of five percent (5%) per annum. If the Company shall fail to pay any Reimbursement Payment on or before any applicable Bond Payment Date, such non-payment shall constitute an Event of Default hereunder. Section 3.2 Reimbursement Payment Obligations of Company Hereunder Unconditional. The obligations of the Company to make the Reimbursement Payments required in Section 3.1 hereof and to perform and observe any and all of the other covenants and agreements on its part contained herein shall be a general obligation of the Company and shall be absolute and unconditional irrespective of any defense or any rights of setoff, recoupment or counterclaim it may otherwise have against the Town. Subject to the foregoing provisions, nothing contained in this Section 3.2 shall be construed to release the Town from the performance of any of the agreements on its part contained in this Agreement or to affect the right of the Company to seek alternate means of establishing wastewater treatment services, and in the event the Town should fail to perform any such agreement, the Company may institute such separate action against the Town as the Company may deem necessary to compel performance or recover damages for nonperformance, and the Town covenants that it will not, subject to the provisions hereof, take, suffer or permit any action which will adversely affect, or create any defect in its title to the Conveyance Line or Treatment Plant or which will otherwise adversely affect the rights or estates of the Company thereunder, except upon written consent of

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the Company. None of the foregoing shall relieve the Company of its obligations under Section 3.1 hereof. Section 3.3 Use of Reimbursement Payments; Public Purposes. The parties agree and acknowledge that Reimbursement Payments made hereunder are also to provide revenues to the Town to partially mitigate the additional burdens being placed on the Town as a result of the Project and the undertaking of the Conveyance Project, and may be used for public purposes to be undertaken by the Town and/or any duly appointed agent or assignee thereof. The revenues paid by the Company to the Town, which shall be utilized at the sole and absolute discretion of the Town, including, but not limited to, as a source of funding for payment of debt service on the Bonds and/or any prospective costs and expenses associated with the Conveyance Improvements. Article IV – Operation and Use of the Conveyance Improvements; Minimum Treatment Capacity Section 4.1.

Conveyance Line Capacity.

(a) Upon completion of the Conveyance Project, and notwithstanding any future flows accepted by the Town into the Conveyance Line, the Town agrees to operate, repair and maintain the Conveyance Line to preserve the stated design capacity of the Conveyance Line. Regardless of Conveyance Line capacity actually used by the Company at the Site, for the term of this Agreement, the Town shall provide the Company with the right to utilize the Conveyance Improvements as a means to transport the Wastewater as defined above from the Facility to the Treatment Plant. The Company’s right to such capacity shall extend from the Site to the Treatment Plant, including, without limitation, capacity in the Phillips Road trunk. The Town shall not permit any current or future user of the Conveyance Line as it extends from the Site to the Treatment Plant to use such capacity exclusively reserved for the Company (the “Exclusive Capacity”), except as the Company approves in writing, which approval shall not be unreasonably withheld or delayed. However, the Town will monitor the Company’s water meter readings as received by the Monroe County Water Authority and review the flow meter readings tracking the effluent Wastewater exiting the Facility, and, in five-year increments, meet with the Company to discuss the need for such Exclusive Capacity. Otherwise, and subject to the terms of this Agreement, the Town shall retain exclusive discretion and control over the use of the Conveyance Line. (b) Notwithstanding the foregoing, the Company’s obligations to make Reimbursement Payments under Section 3.1 herein shall not be subject to the Company’s actual use of the Conveyance Improvements and such use shall not be a condition to payment of the Reimbursement Payments under this Agreement. Section 4.2. Charges for Delivery. The Company shall, at the Company’s expense, install such meters within the Site and Facility to measure the flow of Wastewater from the Facility. Following commencement of operation and transmission of Wastewater from the Facility through the Conveyance Line, the Company will pay or cause to be paid all charges normally payable by a user of the Conveyance Line for discharging wastewater into a sanitary

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sewer in the Town of Webster, such as the annual sewer rent charge established by the Town Board pursuant to Town Code section 257-167. Except as the parties may otherwise agree, the meter(s) installed by the Company at the Facility will be used to routinely audit flow rates and/or sewer rent charges assessed by the Town. The Town shall have access to such meter at the Facility solely for the purposes of monitoring and reading the same. Section 4.3 Discharge Limitations. The wastewater discharged into the Conveyance Line by the Company will in all events materially comply with all applicable laws and regulations and limits, including, but not limited to applicable sections of the Town Code, the Industrial Wastewater Pretreatment Permit issued by the Town Sewer Department (the “IWPP”), Department of Health regulations and any other laws or regulations relating to the discharge of the Wastewater into publicly owned wastewater infrastructure and/or wastewater treatment facilities (herein, “Treatment Rules”). No fines or recourse to be paid or made by the Company as a result of a violation shall be utilized in any way as a set off to the Reimbursement Payments payable hereunder. To avoid any confusion, any discharge of Wastewater by the Company in excess of the mg/L discharge concentration limitations established in a Treatment Rule shall still be deemed in material compliance with the Town Code and any IWPP issued by the Town Sewer Department and not subject of a surcharge or other penalty by the Town or its Treatment Plant if the daily load for such pollutant calculated based upon a 2.0 MGPD discharge has not been exceeded because the Facility is not yet discharging 2.0 MGPD, provided that: (a) the Facility’s pretreatment facilities are being operated and maintained so as to achieve generally consistent discharges that do not exceed the mg/L discharge concentration limitations established in the Treatment Rules; (b) such Wastewater does not cause shock loading of the Treatment Plant, does not cause a substantial interference with or property damage to the Treatment Plant, or otherwise does not cause the Treatment Plant to violate its State Pollution Discharge Elimination System permit; and (c) the Company acts to promptly and diligently take corrective action to address, abate or otherwise eliminate the upset, spill, mechanical breakdown, bypass, accident or other condition experienced by the Facility or its pretreatment facilities giving rise to such temporary noncompliance with the applicable mg/L discharge concentration limitations. Article V – Term and Events of Default. Section 5.1. This Agreement shall be for a term of the greater of fifty (50) years or the date upon which the Bonds are fully paid and retired, and shall commence as of the date hereof, unless otherwise terminated by the written agreement of the parties hereto. Any uncured Event of Default hereunder (each an “Event of Default”) shall require the Company to make all outstanding and future scheduled Reimbursement Payments within sixty (60) days of the written demand therefore by the Town. Failure by the Company to make any payment due and owing the Town or its duly authorized assignee in accordance with Section 3.1 hereof shall constitute an Event of Default hereunder. Failure to cure any such Event of Default within sixty (60) days of written demand therefore shall be deemed an uncured Event of Default hereunder with the

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Company being indebted to the Town for the payment of all outstanding Reimbursement Payments as of the date of the declaration of an uncured Event of Default. In such an event, the Town reserves all rights and remedies to pursue payment and collection of said sums, including, but not limited to levying such amounts by and through the Town and/or the District as a capital charge upon the Facility. Article VI – Miscellaneous Provisions. Section 6.01. This Agreement may be executed in any number of counterparts each of which shall be deemed an original but which together shall constitute a single instrument. Section 6.02. All notices, claims and other communications hereunder shall be in writing and shall be deemed to be duly given if personally delivered or mailed first class, postage prepaid, as follows: To the Town: Town of Webster Attn: Supervisor Town of Webster 1000 Ridge Road, Webster, New York 14580 With a Copy to: Town of Webster Charles Genese, Esq., Town Attorney Town of Webster 1000 Ridge Road, Webster, New York 14580 Email: cgenese@ci.webster.ny.us With a Copy to: Harris Beach PLLC 88 Garnsey Road Pittsford, New York 14534 Attn: Jeffrey Storch, Esq. To the Company: fairlife, LLC 1001 W. Adams Street Chicago, Illinois 60607 Email: tim@fairlife.com Attn: Tim Doelman

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(iv) If the Town shall so request, as of the purported effective date of any assignment or sublease, the Company at its cost shall furnish to the Town with an opinion, in form and substance satisfactory to the Town as to items (i), (ii) and (iii) above. (b) Any such assignment or sublease is subject to the review and approval by the other Party and its counsel (at no cost to the other Party; any such cost incurred to be paid by the Party making the assignment or sublease, including reasonable attorneys’ fees), and shall contain such terms and conditions as reasonably required by the other Party and its counsel. Section 6.05. (a) The obligations and agreements of the Town contained herein shall be deemed the obligations and agreements of the Town, and not of any trustee, officer, agent or employee of the Town in his individual capacity, and the trustees, officers, agents and employees of the Town shall not be liable personally hereon or thereon or be subject to any personal liability or accountability based upon or in respect hereof or thereof or of any transaction contemplated hereby or thereby. (b) The obligations and agreements of the Company contained herein shall be deemed the obligations and agreements of the Company, and not of any member, officer, agent or employee of the Company in his individual capacity, and the members, officers, agents and employees of the Company shall not be liable personally hereon or thereon or be subject to any personal liability or accountability based upon or in respect hereof or thereof or of any transaction contemplated hereby or thereby. Section 6.06. Notwithstanding any other provisions hereof, if by reason of force majeure, either Party hereto shall be unable in whole or in part to carry out its obligations under this Agreement and if such party shall give notice and full particulars of such force majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon, the obligations under this Agreement of the party giving such notice, so far as they are affected by such force majeure, shall be suspended during continuance of the inability, which shall include a reasonable time for the removal of the effect thereof. The suspension of such obligations for such period pursuant to this Section shall not be deemed an Event of Default under this Agreement. Notwithstanding anything to the contrary in this Section, an event of force majeure shall not excuse, delay or in any way diminish the obligations of the Company to make the Reimbursement Payments required by Section 3.1 hereof, or otherwise. The term "force majeure" as used herein shall include, without limitation, acts of God, strikes, lockouts or other industrial disturbances, acts of public enemies, acts, priorities or orders of any kind of the government of the United States of America or of the State or any of their departments, agencies, governmental subdivisions, or officials, any civil or military authority, insurrections, riots, pandemics, epidemics, landslides, lightning, earthquakes, fire, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, third-party breakage or accident to machinery, transmission pipes or canals, shortages of labor or materials or delays of carriers, partial or entire failure of utilities, shortage of energy or any other cause or event not reasonably within the control of the Party claiming such inability and not due to its fault. The Party claiming such inability shall diligently work to remove the cause for the same with all reasonable promptness. It is agreed that the settlement of strikes, lockouts and other industrial disturbances shall be entirely within the discretion of the Party having difficulty,

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and the Party having difficulty shall not be required to settle any strike, lockout and other industrial disturbances by acceding to the demands of the opposing third-party or third-parties. Section 6.07 Remedies Cumulative. No remedy herein conferred upon or reserved to the Town and/or Company is intended to be exclusive of any other available remedy, but each and every such remedy shall be cumulative and in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 6.08 Agreement to Pay Attorneys' Fees and Expenses. In the event one Party should default under any of the provisions of this Agreement and the other Party should employ attorneys or incur other expenses for the collection of amounts payable hereunder or for the enforcement of performance or observance of any obligations or agreements on the part of the defaulting Party herein contained, the defaulting Party shall, on demand therefor, pay to the other Party, the reasonable fees of such attorneys and such other expenses so incurred. Section 6.09 No Additional Waiver Implied by One Waiver. In the event any agreement contained herein should be breached by either Party and thereafter waived by the other Party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. Section 6.10 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the Town, the Company and their respective authorized successors and assigns. Section 6.11 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 6.12 Amendments, Changes and Modifications. This Agreement may not be amended, changed, modified, altered or terminated without the concurring written consent of the Parties hereto. Section 6.13 Applicable Law. This Agreement shall be governed exclusively by the applicable internal laws of the State without reference to the principles of conflicts of laws of the State of New York. Section 6.14 Survival of Obligations. This Agreement shall survive the performance of the obligations of the Company to make payments required by 3.1 hereof and all indemnities shall survive any termination or expiration of this Agreement. Section 6.15 Section Headings Not Controlling. The headings of the several sections in this Agreement have been prepared for convenience of reference only and shall not control, affect the meaning or be taken as an interpretation of any provision of this Agreement.

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Section 6.16 No Joint Venture Created. The Town and the Company mutually agree that by entering into this Agreement the parties hereto are not entering into a joint venture.

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[Signature Page to Agreement]

IN WITNESS WHEREOF, the Company and Town have caused this Agreement to be executed in their respective names by their duly authorized officers, all as of the Effective Date.

TOWN OF WEBSTER

FAIRLIFE, LLC By: ____________________________________ Name: Tim Doelman Title: Chief Executive Officer

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EXHIBIT A-WILL SERVE LETTER

A-2

EXHIBIT B MAP OF EXTENSION

EXHIBIT C ENGINEER’S REPORT FOR TOWN OF WEBSTER SEWER IMPROVEMENTS PHILLIPS ROAD TO TEBOR ROAD [Town to Insert]

ENGINEER’S REPORT FOR TOWN OF WEBSTER SEWERR IMPROVEMENTS PHILLIPS ROAD TO TEBOR ROAD

Town of Webster, County of Monroe, State of New York PREPARED FOR: Town of Webster Sewer Department 226 Phillips Road Webster, NY 14580

PROJECT NO. 9182 JANUARY, 2024

CE# 9182 January 17, 2024 Page |1

TOWN OF WEBSTER SANITARY SEWER IMPROVENTS PHILLIPS ROAD TO TEBOR ROAD. ENGINEER’S REPORT PROJECT OVERVIEW A large industrial project proposes to construct a new facility in the Town of Webster with wastewater flowing to the Town of Webster wastewater treatment plant located at 226 Phillips Road. The proposed industrial facility will generate a substantial increase in flow to the town owned gravity sanitary sewer. This report will analyze the existing sanitary sewer between the connection to the trunk sewer on Phillips Road and the point of connection at the proposed Industrial facility on Tebor Road, its capacity, existing flows, and the required infrastructure improvements to facilitate the anticipated facility. EXISTING CONDITIONS Under existing conditions, there exists a 36” trunk sewer running from south to north along the west side of Phillips Road, leading to the wastewater treatment plant. Based on conversations with Webster Sewer Department staff, there are no capacity concerns for the existing trunk sewer. This is considered the starting point (downstream) for the sanitary sewer analysis. From here, a 10” sewer runs east along the north side of Schlegel Road, before crossing Schlegel Road and transitioning to an 18” sewer. The 18” sewer runs to the Salt Road / Schlegel Road intersection and transitions to 15” PVC running south along the west side of Salt Road. Once the 15” sewer reaches the Xerox property, the sewer crosses under Salt Road and heads due east toward the industrial area. Once the sewer reaches the industrial area, it transitions to 12” then to 8” once it reaches Boulter Industrial Park. Continuing East down Boulter Industrial Park, crossing Basket Road and down Tebor Road, the 8” sewer runs along the south side of Tebor Road to the proposed large industrial site. The existing 8” sewer continues to pick up flows from the south residential sites and terminates shortly after crossing State Route 104. The existing sewers analyzed in this report are located either in the town right of way or in a town dedicated easement. The above referenced sanitary sewer run is considered the primary sewer run to be analyzed to ensure adequate capacity for both existing and proposed flows. Refer to the project limits exhibit in the appendix. EXISTING FLOWS With the intent of providing the most accurate evaluation of the existing conditions, four flow monitoring stations were installed to collect flow data to be analyzed to determine peak flows including inflow and infiltration of the sewer shed. The four locations were selected to isolate specific areas for the purpose of accurately assigning flows at their respective locations. Flow Metering location #1 is located at the connection point from Schlegel Road into the trunk sewer and will capture the entire flow from the project area. Flow Metering point #2 is located at the intersection of Salt Road and Schlegel Road and will be able to isolate the flow from the CIVIL ENGINEERING  LAND SURVEYING  LANDSCAPE ARCHITECTURE Costich Engineering, DPC  217 Lake Avenue  Rochester, New York 14608 Office (585) 458-3020  Fax (585) 458-2731  www.costich.com

CE# 9182 January 17, 2024 Page |2

subdivisions and along Schlegel Road including the elementary school. Flow Metering Point #3 is located downstream of the industrial area and can be used to isolate all flows from Salt Road. Flow Metering Point #4 will be installed directly downstream of the large industrial site and will isolate the flows from the Industrial area as well as the flows from upstream of the proposed industrial site. Table 1 below provides the location of the of the flow metering, size of the existing sewer, average dry period peak flow rates, peak flow events during observed rain events and the adjusted design peak flow rates. Complete metering results can be found in the appendix. TABLE 1 – FLOW METERING DATA

Flow Metering Location

Manhole #

Existing Sewer Size (inches)

Average Dry Rain Event Time Peak Flow Peak Flow (non-rain event) (rain event) (gpm) (gpm) MP #1 S2 10” 150 510 MP #2 S20 18” 110 350 MP #3 S39 15” 70 263 MP #4 S57 8” 62.5 204 *Refer to the map located in the appendix for metering locations.

Adjusted Design Peak Flow (gpm) 600 440 280 250

METHODALOGY FOR PEAK DESIGN FLOW Flow metering was conducted by TECsmith, Inc. and was conducted from October 3 rd, 2023 to November 28th, 2023 (+/- 2 months). MP #1 Peak daily flows were plotted with a peak flow of 510 gpm observed. Using a peaking factor of 4 based on Table 1 of the 10 State Standards Recommended Standards for Wastewater Facilities, and an average dry flow of 150 gpm, the resulting Design Peak Flow is 600 gpm. MP #2 Peak daily flows were plotted with a peak flow of 350 gpm observed. Using a peaking factor of 4 based on the population size and an average flow of 110 gpm, the resulting Design Peak Flow is 440 gpm. MP #3 Peak daily flows were plotted with a peak flow of 263 gpm observed. Using a peaking factor of 4 based on the population size and an average flow of 70 gpm, the resulting Design Peak Flow is 280 gpm. MP #4 Peak daily flows were plotted with a peak flow of 204 gpm observed. Using a peaking factor of 4 based on the population size and an average flow of 62.5 gpm, the resulting Design Peak Flow is 250 gpm. *Refer to the appendix for flow metering graphs. CIVIL ENGINEERING  LAND SURVEYING  LANDSCAPE ARCHITECTURE Costich Engineering, DPC  217 Lake Avenue  Rochester, New York 14608 Office (585) 458-3020  Fax (585) 458-2731  www.costich.com

CE# 9182 January 17, 2024 Page |3

PROPOSED FLOWS FROM THE PROPOSED INDUSTRIAL SITE Based on the information provided to the Town of Webster, the proposed flows from the industrial site will be 2 million gallons per day. Their system proposes equalization and therefore will have a lower peaking factor. A peaking factor of 1.5 has been used for this analysis. For this analysis, proposed industrial flows will be represented in Gallons Per Minute (gpm). Below is the conversion using a peaking factor of 1.5. 2,000,000 GPD / 24 hr/d = 83,333 GPH 83,333 (PF=1.5) = 125,000 GPH 125,000 / 60 min/hr = 2,083 GPM 2,083 GPM FLOW FROM SITES PREVIOUSLY APPROVED UNDER DEVELOPMENT To date, there are two subdivisions (Meadows Two and Bella Terra) being constructed with access to the sewer main on Schlegel Road. These two subdivisions will add an additional 265 residential lots. Averaging 3 bedrooms, a daily flow of (330gpd x 265 lots) 87,450 gpd can be expected. Over a 24 hr operation period and a peaking factor of 4, the peak flow anticipated will be approximately 243 gpm which will be applied in between manholes S12 and S15. For this evaluation, only the approved section 1 of both Meadows Two (27 lots) and Bella Terra (66 Lots) will be applied to the existing flows. The remainder will be applied in the estimated future flows. EXISTING CAPACITY ANALYSIS As described previously in the existing conditions section, the existing system contains a variety of sanitary sewer sizes and slopes. This results in a varying capacity. Table 2 below documents the size, slope, and the capacity of the existing sanitary sewer using a roughness coefficient of 0.01 for full flow capacity. The existing flow represents the adjusted peak flow with the addition of section 1 of Bella Terra and Meadows Two. The adjacent existing capacity column shows the percentage of the full flow capacity of the existing sanitary sewer system. The estimated flow column represents the adjusted peak flow rates from the flow metering analysis combined with the flow from the industrial site, and the previously approved site flows from The Bella Terra and Meadows Two subdivisions. The sewers highlighted in orange show the sanitary sewers which are under sized for the addition of the proposed industrial flows along with the existing flows. Undersized for Existing flow plus the industrial flows (2,083 gpm) TABLE 2 – EXISTING FLOWS

Schle gel Rd.

Upstream Manhole #

S1 S2

Capacity

Existing Flows

Ex. Cap. %

(%)

(gpm)

(gpm)

%

Estimated Flow w/Ind. Flow (gpm)

0.45

857

771

90

2854

Sewer Diameter

Slope

(inches)

36” 10”

% CAP w/Ind. Flow

CIVIL ENGINEERING  LAND SURVEYING  LANDSCAPE ARCHITECTURE Costich Engineering, DPC  217 Lake Avenue  Rochester, New York 14608 Office (585) 458-3020  Fax (585) 458-2731  www.costich.com

%

333

640 Salt Rd.

Salt Rd.

Schlegel Rd.

Schlegel Rd.

CE# 9182 January 17, 2024 Page |4

S3 S4 S5 S6 S7 S8 S9 S10 S11 S12 S13 S14 S15 S16 S17 S18 S19 S20 S21 S22 S23 S24 S25 S26 S27 S28 S29 S30 S31 S32 S33 S34 S35 S36 S37 S38

10” 10” 10” 10” 10” 10” 10” 10” 10” 10” 10” 8” 18” 18” 18” 18” 18” 18” 18” 15” 15” 15” 15” 15” 15” 15” 15” 15” 15” 15” 15” 15” 15” 15” 15” 15”

0.34 0.18 0.3 0.3 0.21 0.28 0.3 0.23 0.29 0.28 0.16 0.52 0.22 0.26 0.25 0.3 0.22 0.05 0.71 1.49 1.28 0.44 0.93 0.65 1.44 1.24 1.14 1.02 0.58 0.37 0.16 0.15 0.16 0.2 0.16 0.16

745 542 700 700 586 675 700 613 688 675 511 508 2875 3126 2787 3053 2614 1246 4696 4184 3878 2273 3305 2763 4113 3817 3659 3462 2610 2085 1371 1327 1371 1533 1371 1371

771 571 571 571 571 571 571 571 571 571 521 521 521 400 400 400 400 400 400 400 400 400 280 280 280 280 280 280 280 280 280 280 280 280 280 280

103 105 82 82 97 85 82 93 83 85 102 103 18 13 14 13 15 32 9 10 10 18 8 10 7 7 8 8 11 13 20 21 20 18 20 20

2854 2654 2654 2654 2654 2654 2654 2654 2654 2654 2654 2604 2604 2483 2483 2483 2483 2483 2483 2483 2483 2363 2363 2363 2363 2363 2363 2363 2363 2363 2363 2363 2363 2363 2363 2363

CIVIL ENGINEERING  LAND SURVEYING  LANDSCAPE ARCHITECTURE Costich Engineering, DPC  217 Lake Avenue  Rochester, New York 14608 Office (585) 458-3020  Fax (585) 458-2731  www.costich.com

383 490 379 379 453 393 379 433 386 393 519 513 91 79 89 81 95 199 53 59 64 104 71 86 57 62 65 68 91 113 172 178 172 154 172 172

CE# 9182 January 17, 2024 Page |5

Boulter Ind.

Upstream Manhole #

S39 S40 S41 S42 S43 S44 S45 S46 S47 S48 S49 S50 S51 S52 S53 S54 S55 S56 S57

Sewer Diameter

Slope

Capacity

Existing Flows

(inches)

(%)

(gpm)

(gpm)

15” 15” 15” 15” 12” 12” 12” 12” 12” 8” 8” 8” 8” 8” 8” 8” 8” 8” 8”

0.12 0.9 0.57 0.57 1.41 0.75 0.35 0.69 0.11 0.55 0.38 0.35 0.43 0.42 0 0.41 0.4 0.4 0.42

1187 3251 2588 2588 2245 1637 1118 1727 0 475 395 379 420 415 362 410 410 410 415

280 280 250 250 250 250 250 250 250 250 250 250 250 250 250 250 250 250 250

Ex. Cap. % %

24 9 10 10 11 15 22 14 53 63 66 60 60 69 61 61 61 60

Estimated Flow

% CAP W/ ind. flow

(gpm)

%

2363 2333 2333 2333 2333 2333 2333 2333 2333 2333 2333 2333 2333 2333 2333 2333 2333 2333 2333

199 72 90 90 104 143 209 135 491 591 616 555 562 644 569 569 569 562

As shown in the above table highlighted in orange, a large majority of the existing sewer is undersized for the proposed additional industrial flow. Further evaluation of the existing capacities of the sanitary sewer with the existing flows, not considering the industrial proposed flow, yield an average capacity percentage of 85% for the 10” section (S2-14), 14% for 18” section (S15-21), 11% for the 15”(S22-42), 30% for the 12” (S43-47), and 50% for the 8” (S48-57). PROPOSED SANITERY SEWER UPGRADES The proposed upgrades to the sanitary sewer would be to replace the under sized sections of sanitary sewer and manholes. The goal would be to upsize the sanitary main while keeping the same alignment and profile while only adjusting the profile where undesirable slopes exist. The design consideration will be as follows. The proposed flows will be the adjusted peak flows obtained by the existing capacity analysis. Seeing as PVC pipe will be used a Mannings roughness coefficient of 0.01 will be used for the analysis. Proposed industrial flows will be 2,083 gpm. The desired maximum flow is 70% of the full flow capacity. Table 3 represents the proposed upgrades required for the additional flow from the proposed industrial site. CIVIL ENGINEERING  LAND SURVEYING  LANDSCAPE ARCHITECTURE Costich Engineering, DPC  217 Lake Avenue  Rochester, New York 14608 Office (585) 458-3020  Fax (585) 458-2731  www.costich.com

CE# 9182 January 17, 2024 Page |6

PROPOSED CAPACITY ANALYSIS Replacement Required Replacement with Slope Adjustment No Replacement Required TABLE 3 – PROPOSED FLOWS

Upstream Manhole # S1 S2 S3 S4 S5 S6 S7 S8 S9 S10 S11 S12 S13 S14 S15 S16 S17 S18 S19

Sewer Diameter (inches) 36” 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21

Slope

Capacity

Estimated Flow

(%)

(gpm)

(gpm)

Full Flow %

Salt Rd.

Schlegel Rd.

0.45 2,854 46 6,204 0.34 2,854 53 5,393 0.18 2,654 68 3,924 0.30 2,654 52 5,066 0.30 2,654 52 5,066 0.21 2,654 63 4,238 0.28 2,654 54 4,894 0.3 2,654 52 5,066 0.23 2,654 60 4,436 0.29 2,654 53 4,981 0.28 2,654 54 4,894 0.3 2,604 51 5,066 0.3 2,604 51 5,066 0.22 2,483 57 4,338 0.26 2,483 53 4,716 0.25 2,483 54 4,624 0.3 2,483 49 5,066 0.22 4,338 2,483 57 S20 21 0.3 2,483 49 5,066 S21 21 0.4 2,483 42 5,849 S22 15 1.49 2,483 54 4,603 S23 15 1.14 2,483 62 4,026 S24 18 0.59 2,363 50 4,710 S25 18 0.6 2,363 50 4,749 S26 18 0.65 2,363 48 4,943 S27 15 1.44 2,363 52 4,525 S28 15 1.24 2,363 56 4,199 CIVIL ENGINEERING  LAND SURVEYING  LANDSCAPE ARCHITECTURE Costich Engineering, DPC  217 Lake Avenue  Rochester, New York 14608 Office (585) 458-3020  Fax (585) 458-2731  www.costich.com

CE# 9182 January 17, 2024 Page |7

Upstream Manhole #

Sewer Diameter

Tebor Rd.

Boulter Ind. Pkwy.

640 Salt Rd.

(inches) S29 S30 S31 S32 S33 S34 S35 S36 S37 S38 S39 S40 S41 S42 S43 S44 S45 S46 S47 S48 S49 S50 S51 S52 S53 S54 S55 S56 S57

15 15 18 21 21 21 21 21 21 21 21 15 18 18 15 15 18 18 18 18 18 18 18 18 18 18 18 18 18

Slope

Capacity

Estimated Flow

(%) 1.14 1.02 0.58 0.37 0.16 0.15 0.16 0.2 0.16 0.16 0.13 0.9 0.57 0.57 1.41 0.75 0.35 0.4 0.3 0.53 0.38 0.35 0.43 0.42 0.3 0.41 0.4 0.4 0.42

(gpm)

(gpm)

4,026 3,808 4,670 5,626 3,700 3,582 3,700 4,136 3,700 3,700 3,335 3,577 4,629 4,629 4,477 3,266 3,627 3,878 3,358 4,464 3,780 3,627 4,021 3,974 3,358 3,926 3,878 3,878 3,974

2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333

Full Flow %

59 62 51 42 64 66 64 57 64 64 70 66 50 50 52 70 64 60 69 52 62 64 58 59 69 59 60 60 59

PROPOSED FLOW FROM UN-DEVELOPED SITES Earlier in this report, flows from the Bella Terra Section 1 and Meadows Two Section 1 have been included in the existing flows from analysis. However, there are future sections to both CIVIL ENGINEERING  LAND SURVEYING  LANDSCAPE ARCHITECTURE Costich Engineering, DPC  217 Lake Avenue  Rochester, New York 14608 Office (585) 458-3020  Fax (585) 458-2731  www.costich.com

CE# 9182 January 17, 2024 Page |8

subdivisions. This results in an additional 172 residential lots generating a design peak flow of 307 gpm. to the upsized sewer. In addition to these two subdivisions, there is an undeveloped 85-acre industrial site adjacent to the sewer run that is being marketed for Industrial use. Based on conversations with the Town of Webster, an assumed future flow of 500 gallons per minute has been allocated for this property. Given this site’s location, this flow would be introduced around manhole S33. Additional upsizing to the sewer to make accommodation for future industrial flows would not be on the burden of developer of the proposed industrial site. Table 4 below shows the capacity analysis with the additional flows and highlights what sections would need improvements to accommodate the future flows. The sewer diameters in green are sections that will be upsized due to the proposed industrial site improvements and Blue represents sections not being upsized. TABLE 4 – FUTURE FLOWS

Schlegel Road

Upstream Manhole #

S1 S2 S3 S4 S5 S6 S7 S8 S9 S10 S11 S12 S13 S14 S15 S16 S17 S18 S19 S20

Sewer Dia. (in) 36 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21

Capacity

Estimated Future Flows From 640 Salt Road and Future Subdivisions (gpm)

(gpm)

6204 5393 3924 5066 5066 4238 4894 5066 4436 4981 4894 5066 5066 4338 4716 4624 5066 4338 5066

+0

%

+ 500

%

2,854 2,854 2,654 2,654 2,654 2,654 2,654 2,654 2,654 2,654 2,654 2,604 2,604 2,483 2,483 2,483 2,483 2,483 2,483

46 53 68 52 52 63 54 52 60 53 54 51 51 57 53 54 49 57 49

3,611 3,611 3,411 3,411 3,411 3,411 3,411 3,411 3,411 3,411 3,411 3,358 3,358 2,983 2,983 2,983 2,983 2,983 2,983

58 67 87 67 67 80 70 67 77 68 70 66 66 69 63 65 59 69 59

CIVIL ENGINEERING  LAND SURVEYING  LANDSCAPE ARCHITECTURE Costich Engineering, DPC  217 Lake Avenue  Rochester, New York 14608 Office (585) 458-3020  Fax (585) 458-2731  www.costich.com

CE# 9182 January 17, 2024 Page |9

Tebor Rd.

Boulter Ind. Pkwy

640 Salt

Salt Road

Upstream Manhole # S21 S22 S23 S24 S25 S26 S27 S28 S29 S30 S31 S32 S33 S34 S35 S36 S37 S38 S39 S40 S41 S42 S43 S44 S45 S46 S47 S48 S49 S50 S51 S52 S53 S54 S55

Sewer Dia. (In.) 21 15 15 18 18 18 15 15 15 15 18 21 21 21 21 21 21 21 21 15 18 18 15 15 18 18 18 18 18 18 18 18 18 18 18

Estimated Future Flows From 640 Salt Road and Future Subdivisions (gpm)

Capacity (gpm)

+0

%

+ 500

%

5849 4603 4026 4710 4749 4943 4525 4199 4026 3808 4670 5626 3700 3582 3700 4136 3700 3700 3335 3577 4629 4629 4477 3266 3627 3878 3358 4464 3780 3627 4021 3974 3358 3926 3878

2,483 2,483 2,483 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333

42 54 62 50 50 48 52 56 59 62 51 42 64 66 64 57 64 64 71 66 50 50 52 71 64 60 69 52 62 64 58 59 69 59 60

2,983 2,983 2,983 2,866 2,863 2,863 2,863 2,863 2,863 2,863 2,863 2,863 2,613 2,333 2,333 2,333 2,333 2,333 2,333 2,233 2,233 2,233 2,233 2,233 2,233 2,233 2,233 2,233 2,233 2,233 2,233 2,233 2,233 2,233 2,233

51 65 74 61 60 58 63 68 71 75 61 51 71 65 63 56 63 63 70 62 48 48 50 68 62 58 66 50 59 62 56 56 66 57 58

CIVIL ENGINEERING  LAND SURVEYING  LANDSCAPE ARCHITECTURE Costich Engineering, DPC  217 Lake Avenue  Rochester, New York 14608 Office (585) 458-3020  Fax (585) 458-2731  www.costich.com

CE# 9182 January 17, 2024 P a g e | 10

Upstream Manhole # S56 S57

Sewer Dia. (In.) 18 18

Estimated Future Flows From 640 Salt Road and Future Subdivisions (gpm)

Capacity (gpm)

+0

%

+ 500

%

3878 3974

2,333 2,333

60 59

2,233 2,233

58 56

VALUE ENGIEERING Given the nature of the proposed sanitary sewer improvements, it is proposed to install the new sewer in the same location as the existing sewer. Where feasible, manholes that are in good condition and adequate size, will be modified to accept the new larger gravity sewer and reconstruct the bench. In addition, multiple sections of the proposed sewer are currently sized to handle the estimated design flow from the proposed industrial site. These sections appear to be located along Salt Road. Lastly, given the depth and location of the proposed sewer, disturbance is expected to existing properties which will require restoration which will be kept to a minimum as best as possible. ESTIMATED PROJECT COST An engineer’s estimate has been developed for the proposed improvements. Attention has been given to depth of sewer installation, and the work required to re-establish the yards and driveways as well as replace any utilities that will be damaged or removed due to construction. The estimated cost comes to +/- $6.70 million. Keeping in mind that this is only an estimate based on RSMeans and recent construction projects. A 25% contingency has been applied to the estimate for variables affecting a contractor’s bid price. This price reflects only the estimated cost of making improvements to the Town of Webster’s sewer to serve the new industrial flows. As discussed during the project kick off, any additional cost for sewer improvements to serve future flows would be the responsibility of the Town of Webster. CONCLUSION In conclusion, the proposed industrial site on Tebor Road will require significant upgrades to the existing Town of Webster sewer located along Schlegel, Salt, and to Tebor Road to accommodate the anticipated flows. These proposed improvements would not require any future upsizing or negative impact based on the capacity analysis provided in this report.

CIVIL ENGINEERING  LAND SURVEYING  LANDSCAPE ARCHITECTURE Costich Engineering, DPC  217 Lake Avenue  Rochester, New York 14608 Office (585) 458-3020  Fax (585) 458-2731  www.costich.com

2

4-Oct-23 4-Oct-23 5-Oct-23 6-Oct-23 6-Oct-23 7-Oct-23 8-Oct-23 8-Oct-23 9-Oct-23 10-Oct-23 10-Oct-23 11-Oct-23 12-Oct-23 12-Oct-23 13-Oct-23 14-Oct-23 14-Oct-23 15-Oct-23 16-Oct-23 16-Oct-23 17-Oct-23 18-Oct-23 18-Oct-23 19-Oct-23 20-Oct-23 20-Oct-23 21-Oct-23 22-Oct-23 22-Oct-23 23-Oct-23 24-Oct-23 24-Oct-23 25-Oct-23 26-Oct-23 26-Oct-23 27-Oct-23 28-Oct-23 28-Oct-23 29-Oct-23 30-Oct-23 30-Oct-23 31-Oct-23 1-Nov-23 1-Nov-23 2-Nov-23 3-Nov-23 3-Nov-23 4-Nov-23 5-Nov-23 5-Nov-23 6-Nov-23 7-Nov-23 7-Nov-23 8-Nov-23 9-Nov-23 9-Nov-23 10-Nov-23 11-Nov-23 11-Nov-23 12-Nov-23 13-Nov-23 13-Nov-23 14-Nov-23 15-Nov-23 15-Nov-23 16-Nov-23 17-Nov-23 17-Nov-23 18-Nov-23 19-Nov-23 19-Nov-23 20-Nov-23 21-Nov-23 21-Nov-23 22-Nov-23 23-Nov-23 23-Nov-23 24-Nov-23 25-Nov-23 25-Nov-23 26-Nov-23 27-Nov-23 27-Nov-23 28-Nov-23

8

510 gpm

6 Flow MGD

MP#1 SCHLEGEL & PHILLIPS ROAD INTERSECTION

12 1.4

Inconsistent flow and level data.

10 1.2

1

Adjusted Design Flow 150 gpm x 4 (pf) = 600 gpm 0.86 MGD

Observed Peak Flow 0.8

0.6

4 0.4

Average Dry Daily Flow 150 gpm

Vel. 1 (fps) Pipe Size (in.)

0.2

0 0

Flow 1 (mgd)

Rain Event Rain Event

4-Oct-23 4-Oct-23 5-Oct-23 6-Oct-23 6-Oct-23 7-Oct-23 8-Oct-23 8-Oct-23 9-Oct-23 9-Oct-23 10-Oct-23 11-Oct-23 11-Oct-23 12-Oct-23 13-Oct-23 13-Oct-23 14-Oct-23 15-Oct-23 15-Oct-23 16-Oct-23 16-Oct-23 17-Oct-23 18-Oct-23 18-Oct-23 19-Oct-23 20-Oct-23 20-Oct-23 21-Oct-23 22-Oct-23 22-Oct-23 23-Oct-23 23-Oct-23 24-Oct-23 25-Oct-23 25-Oct-23 26-Oct-23 27-Oct-23 27-Oct-23 28-Oct-23 29-Oct-23 29-Oct-23 30-Oct-23 30-Oct-23 31-Oct-23 1-Nov-23 1-Nov-23 2-Nov-23 3-Nov-23 6-Nov-23 7-Nov-23 7-Nov-23 8-Nov-23 9-Nov-23 9-Nov-23 10-Nov-23 11-Nov-23 11-Nov-23 12-Nov-23 13-Nov-23 13-Nov-23 14-Nov-23 14-Nov-23 15-Nov-23 16-Nov-23 16-Nov-23 17-Nov-23 18-Nov-23 18-Nov-23 19-Nov-23 20-Nov-23 20-Nov-23 21-Nov-23 21-Nov-23 22-Nov-23 23-Nov-23 23-Nov-23 24-Nov-23 25-Nov-23 25-Nov-23 26-Nov-23 27-Nov-23 27-Nov-23 28-Nov-23

12 0.4

Flow MGD

MP#2 SALT & SCHLEGEL ROAD INTERSECTION

20 0.7

Adjusted Design Flow 110 gpm x 4 (pf) = 440gpm

18

Observed Peak Flow 350 GPM

Level (in.) Pipe Size (in.) Flow 1 (mgd)

Rain Event

0.6

16

14 0.5

10

0.3

8

6 0.2

Average Dry Daily Flow 110 gpm

4 0.1

2

0 0

Rain Event

4-Oct-23 4-Oct-23 5-Oct-23 6-Oct-23 7-Oct-23 7-Oct-23 8-Oct-23 9-Oct-23 9-Oct-23 10-Oct-23 11-Oct-23 11-Oct-23 12-Oct-23 13-Oct-23 13-Oct-23 14-Oct-23 15-Oct-23 15-Oct-23 16-Oct-23 17-Oct-23 17-Oct-23 18-Oct-23 19-Oct-23 19-Oct-23 20-Oct-23 21-Oct-23 21-Oct-23 22-Oct-23 23-Oct-23 23-Oct-23 24-Oct-23 25-Oct-23 25-Oct-23 26-Oct-23 27-Oct-23 28-Oct-23 28-Oct-23 29-Oct-23 30-Oct-23 30-Oct-23 31-Oct-23 1-Nov-23 1-Nov-23 2-Nov-23 3-Nov-23 3-Nov-23 4-Nov-23 5-Nov-23 5-Nov-23 6-Nov-23 7-Nov-23 7-Nov-23 8-Nov-23 9-Nov-23 9-Nov-23 10-Nov-23 11-Nov-23 11-Nov-23 12-Nov-23 13-Nov-23 13-Nov-23 14-Nov-23 15-Nov-23 15-Nov-23 16-Nov-23 17-Nov-23 18-Nov-23 18-Nov-23 19-Nov-23 20-Nov-23 20-Nov-23 21-Nov-23 22-Nov-23 22-Nov-23 23-Nov-23 24-Nov-23 24-Nov-23 25-Nov-23 26-Nov-23 26-Nov-23 27-Nov-23 28-Nov-23

8 Flow MGD

MP #3 640 SALT ROAD

16 0.45

Observed Peak Flow 263 GPM Adjusted Design Flow 70 gpm x 4 (pf) = 280 gpm

14 0.4

0.35

12

0.3

10

0.25

0.2

6 0.15

4

Average Dry Daily Flow 70 gpm

2

0

Level (in.) Pipe Size (in.) Flow 1 (mgd)

0.1

0.05

0

4-Oct-23 5-Oct-23 5-Oct-23 6-Oct-23 7-Oct-23 7-Oct-23 8-Oct-23 9-Oct-23 9-Oct-23 10-Oct-23 11-Oct-23 11-Oct-23 12-Oct-23 13-Oct-23 13-Oct-23 14-Oct-23 15-Oct-23 15-Oct-23 16-Oct-23 17-Oct-23 17-Oct-23 18-Oct-23 19-Oct-23 19-Oct-23 20-Oct-23 21-Oct-23 21-Oct-23 22-Oct-23 23-Oct-23 23-Oct-23 24-Oct-23 25-Oct-23 25-Oct-23 26-Oct-23 27-Oct-23 27-Oct-23 28-Oct-23 29-Oct-23 29-Oct-23 30-Oct-23 31-Oct-23 31-Oct-23 1-Nov-23 2-Nov-23 2-Nov-23 3-Nov-23 4-Nov-23 4-Nov-23 5-Nov-23 6-Nov-23 6-Nov-23 7-Nov-23 8-Nov-23 8-Nov-23 9-Nov-23 10-Nov-23 10-Nov-23 11-Nov-23 12-Nov-23 12-Nov-23 13-Nov-23 14-Nov-23 14-Nov-23 15-Nov-23 16-Nov-23 16-Nov-23 17-Nov-23 18-Nov-23 18-Nov-23 19-Nov-23 20-Nov-23 20-Nov-23 21-Nov-23 22-Nov-23 22-Nov-23 23-Nov-23 24-Nov-23 24-Nov-23 25-Nov-23 26-Nov-23 26-Nov-23 27-Nov-23 28-Nov-23

Flow MGD

MP #4 TEBOR ROAD

9

Observed Peak Flow 204 gpm

Level (in.) Pipe Size (in.)

Adjusted Design Flow 62.5 gpm x 4 (pf) = 250 gpm 0.35

8 0.3

7

0.25

6

5 0.2

4 0.15

3 0.1

2

Average Dry Daily Flow 62.5 gpm

0.05

1

0 0

Flow 1 (mgd)

Rain Event Rain Event

TECsmith TECSMITH, Inc. PO Box 95 Clarence, NY 14031 716-462-0382

Node 1 Node 2 Node 3 Node 4

1424 Schlegel (10") Salt & Schlegel (18") 610 Salt Rd (15") 1804 Tebor (8")

At no time did the flow depth exceed pipe diameter at any of the downstream monitoring points during the wet weather events monitored. At no time during the monitoring period did the flow at any point slow or stall which would have caused a backup or flooding at the manhole.

water and wastewater monitoring specialists

•

5-Oct-23 6-Oct-23 8-Oct-23 9-Oct-23 11-Oct-23 12-Oct-23 14-Oct-23 15-Oct-23 17-Oct-23 18-Oct-23 20-Oct-23 21-Oct-23 23-Oct-23 24-Oct-23 26-Oct-23 27-Oct-23 29-Oct-23 30-Oct-23 1-Nov-23 2-Nov-23 4-Nov-23 6-Nov-23 7-Nov-23 9-Nov-23 10-Nov-23 12-Nov-23 13-Nov-23 15-Nov-23 16-Nov-23 18-Nov-23 19-Nov-23 21-Nov-23 22-Nov-23 24-Nov-23 25-Nov-23 27-Nov-23

Level and Pipe Size

TECsmith TECSMITH, Inc. PO Box 95 Clarence, NY 14031 716-462-0382

Node 1

12

10

8

6

4

2

0

Level Pipe Size

water and wastewater monitoring specialists

•

5-Oct-23 6-Oct-23 7-Oct-23 9-Oct-23 10-Oct-23 12-Oct-23 13-Oct-23 15-Oct-23 16-Oct-23 17-Oct-23 19-Oct-23 20-Oct-23 22-Oct-23 23-Oct-23 25-Oct-23 26-Oct-23 28-Oct-23 29-Oct-23 30-Oct-23 1-Nov-23 2-Nov-23 7-Nov-23 8-Nov-23 10-Nov-23 11-Nov-23 12-Nov-23 14-Nov-23 15-Nov-23 17-Nov-23 18-Nov-23 20-Nov-23 21-Nov-23 22-Nov-23 24-Nov-23 25-Nov-23 27-Nov-23

Level and Pipe Size

TECsmith TECSMITH, Inc. PO Box 95 Clarence, NY 14031 716-462-0382

At no time during the monitoring period did depth of flow exceed pipe diameter at Node 2.

Node 2

20

18

16

14

12

10

8

6

4

2

0

Level Pipe Size

water and wastewater monitoring specialists

•

5-Oct-23 6-Oct-23 8-Oct-23 9-Oct-23 11-Oct-23 12-Oct-23 14-Oct-23 15-Oct-23 17-Oct-23 18-Oct-23 20-Oct-23 21-Oct-23 23-Oct-23 24-Oct-23 26-Oct-23 27-Oct-23 29-Oct-23 31-Oct-23 1-Nov-23 3-Nov-23 4-Nov-23 6-Nov-23 7-Nov-23 9-Nov-23 10-Nov-23 12-Nov-23 13-Nov-23 15-Nov-23 16-Nov-23 18-Nov-23 19-Nov-23 21-Nov-23 22-Nov-23 24-Nov-23 25-Nov-23 27-Nov-23

Level and Pipe Size

TECsmith TECSMITH, Inc. PO Box 95 Clarence, NY 14031 716-462-0382

At no time during the monitoring period did depth of flow exceed pipe diameter at Node 3.

Node 3

16

14

12

10

8

6

4

2

0

Level Pipe Size

water and wastewater monitoring specialists

•

5-Oct-23 6-Oct-23 8-Oct-23 9-Oct-23 11-Oct-23 12-Oct-23 14-Oct-23 15-Oct-23 17-Oct-23 18-Oct-23 20-Oct-23 21-Oct-23 23-Oct-23 24-Oct-23 26-Oct-23 28-Oct-23 29-Oct-23 31-Oct-23 1-Nov-23 3-Nov-23 4-Nov-23 6-Nov-23 7-Nov-23 9-Nov-23 10-Nov-23 12-Nov-23 13-Nov-23 15-Nov-23 16-Nov-23 18-Nov-23 19-Nov-23 21-Nov-23 22-Nov-23 24-Nov-23 25-Nov-23 27-Nov-23

Level adn Pipe Size

TECsmith TECSMITH, Inc. PO Box 95 Clarence, NY 14031 716-462-0382

At no time during the monitoring period did depth of flow exceed pipe diameter at Node 4.

Node 4

9

8

7

6

5

4

3

2

1

0

Level Pipe Size

water and wastewater monitoring specialists

EXHIBIT D MORSCH PIPELINE INC. CONSTRUCTION BID

D-1

D-2

EXHIBIT E SCHEDULE as referenced in Section 3.1 OF THE HOST COMMUNITY BENEFIT AND CONVEYANCE PIPE UPGRADE AGREEMENT

E-1

E-2